Strategy for I-140 approved for CP but filed for AOS

Z

zambia

Registered Users (C)
All -

I am starting this discussion with the goal of building a strategy to deal with delays associated with CP approved I-140. Currently, while March 01 cases are getting approved, only a few Dec 00 CP based I-485 approvals are showing-up - a 3 months delay.

Please post you suggestions.
 
I think there is delay in FP also

My ND is Aug 01/EB2 and I have still not received FP notice. I know in person few people who filed a month after me and have also done the FP
 
No Title

My corporate attorney applied for CP even though I had asked for AOS. According to them this would give me an option of taking either route without filing 824.

However, they failed to inform NVC not to send my case to consulate. I believe, as per NVC web site, one need to inform NVC within 30 days of a letter or Pkt 3 that NVC send to attorney. Neither was done for me.

I plan to ask my attorney to speak/send a letter to INS, cc to NVC and consulate to return my file. Meanwhile I will also contact these agencies.

Experts please help out - just trying to avoid 3-4 months delay down the road.
 
I40 with CP please respond

PD May 98
I140 filed with CP option
EB2
ND = Aug 01
FP = waiting....
 
Slightly different from u guys.

My I140 approved for AOS, but later i filed for 824 in order to proceed with CP. I changed my decision and i filed 485.

RD 7/31/01
ND 9/22/01

GOT EAD AND AP

FP done on 11/24/01 eventhough the sceduled date is 12/12/01 in Philly. INS received my FP and pending review.

eddyja.
 
Hello zambia, did u ask your lawer to send letter to INS/NVC/Consulate?

I am in similar situation. My I-140 was approved in Oct, 2000 for CP. My lawer failed to inform NVC about that I am applying for AOS. NVC sent my file to Indian Consulate in June 2001. My RD and ND are 08/07/2001, 09/27/2001. Since INS is approving March cases now, they will get to AUgust cases in 5 months, that time if they request I-140 file my case is going to get delayed by another 4 months.

I called NVC they said INS has to request the file back from Consulate. When I called INS, IIO said they cant do any thing now till they get to August cases.

Zambia and others in similar situation, Pls post any ideas on how to avoid this known delay.

Any input is greatly appreciated.

Thanks in Advance
 
Not yet - gathering information..

There appears to be two groups of cases for I-140 approved CP.

Cases like dell123 had no delay and did not do anything. However, there is a lot correlation between I-140 for CP and 3 to 4 months delay. I guess it depends on the VSC officer that the case gets assigned to - and this leaves us in uncertainty.

Experts - please pitch-in. We are collectively trying to resolve this issue.

Thanks.
 
Zambia, CHC filed my GC

My company\'s lawer doesn\'t respond for this issue. Are there any others here whose GC is being processed by CHC. CHC\'s lawers do file I-140 for CP by default. If so we all can collectively do something about it. All affected people--Pls. post your suggestions and experience.
 
How does 485 processing work after I-140 was approved for CP

If I-140 had been approved for CP, it seems like I-485 approval could take longer.

I-140 (for CP) would have been sent to a foreign consulate via NVC.
but VSC needs to retrieve your I-140 before they could further process your I-485.

I don\'t know what happens if I-140 (for CP) sits too long at a Consulate.

Does anybody know what happens exactly in this situation.?

I hope they don\'t trash it if the canditate does not show up for CP in a while.
I hope I-140 (for CP) gets safely returned back to some "storage" (located probably at NVC) if the candidate does not show up at a consulate for CP?

Does anyone have reliable knowledge as to how INS does I-485 processing after I-140 was approved for CP?

I saw a few posts with RD/ND in December 1999 (with I-140 for CP) still waiting for their I-485 approval, whereas a few March \'01 cases have been approved.

Again, does anyone know answer to the following questions:

a) Where would be I-140 approval (for CP) would be located after a year ? whether NVC or consulate.

b) What happens to an I-140 approval notice for CP, that sits too long at a consulate
   (for more than a year) and a candidate files I-485?

c) How long does it normally take for VSC to obtain I-140 (approved for CP) from "storage" ?

d) Could attorney do anything to expedite retrieval of the I-140 from Consulate or the NVC back to VSC?

e) Could candiate directly contact the Consulate to find out if my I-140 (for CP) is still there & have them forward it to VSC?

Let\'s us all pool up knowledge-base on I-485 processing after I-140 (for CP)

Thanks

GR66
PD March 1997
I-140 (for CP) [Nov 2000]
I-485 ND Feb 26 2001
I-485 opened for processing around Nov 15, 2001
Waiting for I-140 to come from "storage"
I am too tired .... God kindly help!!!

Please feel free to email me any information. My email address is j_venkatanathan@mailcity.com
 
bubble up...

Looks like a logical explaination....there is a delay in FP and final approval when I140 is approved for CP and you file for AOS
 
gr66 - Looks like you are also a victim of NJ Regular labor..

because your PD is similar to mine....(maan..I can completely understand your 5 year ordeal!) ..Myself was also, approved for I-140CP without my knowledge.. Just a while ago , I spoke with my lawyer.. who says that Vermont requests the file from NVC (Storage or whatever the heck they call it) thru the computer.. and apparently there is a glitch (as usual) in the computer system that is causing this delay..there he said there are literally hundreds and thousands of visas in transit, from NVC to Vermont .. by truck! sounds absolutely silly to me, since those two are just neighbouring states.. and why would take so much time to get these files between these two offices... besides, these I-140s are approved by VSC, themseleves, wonder why they can\'t trust a document issued by their own office..
My lawyer insists that the I-140 is not in Chennai (or consulate abroad) and when I asked him if we can do anything about it, he just told me to hang tight, until next year!.. My ND is 11/08 so, it could have come up for initial review sometime in Sep...when hopefully they could have made the request for the underlying petition
 
My FP Date is July 2001

My FP Date is July 2001

I-140 for CP (Nov \'00)
ND Feb 26 \'00
FD July \'01
I-485 - Waiting for I-140 from "storage" :(( since Nov 15, 01
 
Surinj - U guessed it right.

>Surinj> Looks like you are also a victim of NJ Regular labor

Hey Surinj - ur guess is dead right, man!

gr66
 
No Title

There had been a lot of discussions on this issue. Bottomline is,
1. Delay does not seem to occur only because 140 was CP approved.
2. A bunch of CP approved people in this board had been approved with a little delay (2/3 weeks).
3. VSC does not always request for 140 papers from NVC/Consulate.
4. VSC is the one who approves 140. It can and does pull out all the related papers from it\'s computer/storage.
5. There is no reason to depend on Lawyer/IIOs explanation. They hardly can up with a good logical reply.
6. Even if there is a delay related to CP approved 140 papers, nothing can be done to expedite the process.
7. Sit back tight and pray for a good luck

PD : 5/99
140 : CP approved
RD : 01/16/01
ND : 01/23/01
RFE : 11/23/01 [proof of status and pay stubs]
 
gentrig - thanks for very useful info...

Some of us have recent RDs but would like to avoid a possible delay due to CP approved I-140.

Do you recommend anything for folks early in the game - i. e. recent RDs.

Thanks.
 
Info from another discussion..

Just spoke to IIO - 12/12 at 11AM - RD/ND Feb 2001 - CP
485_VSC - 12:41pm Dec 12, 2001 EST

I just spoke with one friendly IIO. She told me that they requested my I140 (which was approved for CP) from NVC. According to her, it may take up to 2 months.
She asked me to wait for another 6-8 weeks.
Guys with CP, hang-on and soon we will hear from INS.
 
Penalized for changing the mind from CP to AOS

Some other suffer because their attorneys screwed up...
With PD of May 98 -- a victim of regular labor --- nearing 4 yrs --- enjoy the life....
 
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